Dividing in Halves the Couples’ Wealth in the Law Systems of Iran and Britain

The marriage contract is one of the contracts which has different effects. One of the effects of the marriage contract is creating the financial obligations in the couples’ relationship and also creating changes in the system of the assets ownership, the manner of managing and dividing them the marital time and at the end of the marriage. Since the system governing the Iranian law is the system for dividing of the couple assets , so the majority of women, because of the fact that they are busy in doing the housework, they deprived of having a separate income for themselves, with due regard to the men fact that men are obliged to obtain the family’s financial costs, so the wives are deprived of these rights out of the house.In this article it is cleared that Iranian Law and some of the countries have considered the dividing the assets in halves for the women to benefit the husband’s acquired assets during the period of marriage after the termination of the marriage while having the conditions. The position of the assets dividing in halves condition in Iranian Law has been considered as the stipulation in the marriage time which is executed in the judicial procedure after terminating the marriage, divorce occurrence and having the other conditions. But there isn’t a specified position for the couples’ assets dividing in halves British Law, and the courts are reluctant to execute them independently. Like Iranian Law, if it is considered as the stipulation, not only it will be executed in the judicial precedent, but also it will benefit of the special position. In British law, there isn’t assets dividing in halves condition independently, but as per the essence of maintenance and its different with Iranian law, it is said this foundation can prepare the wife supporting maintenance during divorce in the husband’s life time or after his death by predicting the continuous maintenance as the stipulation or the separate contract (opposite to Iranian Law) and also by creating the deposing maintenance. Such a foundation in British law, is considered as a similar foundation in Iranian law like the couples’ assets dividing in halves condition.